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Terms of Use

1. Acceptance of the Terms of Use

These terms of use and application license agreement are entered into by and between you and Stephen Bauman Artwork (“SBA”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of stephenbaumanartwork.com (the “Website”) and our mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (each, an “Application”), which enables an online art school and marketplace for artists to learn new art skills. The Website and Applications include a forum for discussion between peers or classmates, a rating system where instructors or students may vote on posts and critique the artwork of other people, an online store from which to purchase lessons and/or course material, personal tutoring such as live streams from instructors that teach lessons, and any content, functionality and services (collectively, the “Services”) offered on or through our Website and Applications, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website and Applications. By using the Website or Applications, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at stephenbaumanartwork.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Applications.

The Website and Applications are offered and available to users who are 13 years of age or older. By using the Website or Applications, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Applications.

WARNING: SOME PAGES OF OUR WEBSITE AND APPLICATIONS MAY CONTAIN IMAGES DEPICTING NUDE HUMAN MODELS OF ANY GENDER, WHICH YOU MAY FIND OFFENSIVE. DO NOT VISIT THESE PAGES OF OUR WEBSITE OR APPLICATIONS IF YOU ARE IN ANY WAY OFFENDED BY SUCH CONTENT.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or the Applications thereafter.

Your continued use of the Website or Applications following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Website or Applications and Account Security

We reserve the right to withdraw or amend the Website or Applications, and any service or material we provide on the Website or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Applications are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Applications, or the entire Website or Applications, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website or Applications.
  • Ensuring that all persons who access the Website or Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Applications or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Applications that all the information you provide on the Website or to the Applications is correct, current and complete. You agree that all information you provide to register with the Website, Applications, or otherwise, including but not limited to through the use of any interactive features on the Website or through the Applications, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Applications, or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. To protect your account, we recommend that you log out and close your browser window at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us if, in our opinion, you have violated any provision of these Terms of Use or our Community Rules, or use our Website or Applications to spam us or other people.

4. Intellectual Property Rights

Other than as set forth in these Terms of Use (including Section 7 below), the Website, Applications, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned either by SBA, its licensors, or by other providers of such material (which may include other users of the Website, Applications, or Services that upload User Contributions). For the avoidance of doubt, you retain ownership of your User Contributions, subject only to the limited license you provide us in Section 7. However, all these materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, regardless of whether owned by us, you, or some other provider of the materials. Your right to use these materials is limited as described in these Terms of Use. These limitations help protect SBA’s intellectual property rights, as well as the intellectual property rights of our artists, instructors, and other users (including you) for their contributions to materials available on the Websites and Applications.

Unless you are an instructor, moderator, or administrator of the Website or Applications, these Terms of Use permit you to use the Website and Applications for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Applications, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or screen capture a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • If we make material on our Website or Applications available for you to download through a “download” link, or otherwise provide you with an ability to access such material offline, you may download a copy of that material or otherwise use these features to make the material available offline (which may include downloading) and to access and use such material for your own personal use.
  • As otherwise described in an instructor agreement with you, if applicable.

Unless you are an instructor, you must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Unless you are an instructor, you must not access or use for any commercial purposes any part of the Website or Applications or any services or materials available through the Website or Applications. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Applications in breach of the Terms of Use, your right to use the Website and Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Applications or any content on the Website or the Applications is transferred to you (but you continue to own your own User Content), and all rights not expressly granted are reserved by SBA. Any use of the Website or the Applications not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The SBA name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of SBA or its affiliates or licensors (each, “Trademarks”). You must not use such marks without the prior written permission of SBA. In such cases, SBA grants you a limited, non-exclusive, non-transferable right and license to use SBA’s Trademarks. All other names, logos, product and service names, designs, and slogans on the Website or the Applications are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Website and the Applications only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Applications:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate SBA, a SBA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Applications, or which, as determined by us, may harm SBA or users of the Website or the Applications or expose them to liability.

Additionally, you agree not to:

  • Use the Website or the Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Applications, including their ability to engage in real time activities through the Website or the Applications.
  • Use any robot, spider or other automatic device, process or means to access the Website or the Applications for any purpose, including monitoring or copying any of the material on the Website or the Applications.
  • Use any manual process to monitor or copy any of the material on the Website or the Applications or for any other unauthorised purpose in a manner not contemplated in these Terms of Use and without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website or the Applications.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website or the Applications, the server on which the Website is stored or which the Applications connect to, or any server, computer or database connected to the Website or the Applications.
  • Attack the Website or the servers used by the Applications via a denial-of-service attack or a distributed denial-of-service attack.
  • Post any fake or defamatory critiques or comments; trade critiques, comments, or upvotes or downvotes with others for the sole purpose of increasing your Activity Points and User Levels; or compensate someone or be compensated to post, refrain from posting, or remove a critique, comment, or an upvote or downvote.
  • Otherwise attempt to interfere with the proper working of the Website or the Applications.

7. User Contributions

The Website and the Applications may contain message boards, chat rooms, direct messaging, personal web pages or profiles, forums, bulletin boards, our rating or review system, one-on-one video training, live streams, challenges or competitions between users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials such as artwork; blog posts; comments on the message boards, chat rooms, bulletin boards, or forums; ratings, critiques, or reviews; upvotes or downvotes on posted artwork or comments; albums or galleries of your artwork; instructional materials uploaded by instructors; or any other content or materials that users may post, submit, publish, display or transmit to other users or other persons (collectively, “User Contributions”) on or through the Website or the Applications.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You own the intellectual property rights in any User Contribution, including all copyrights, trademarks, patents, moral rights, and other rights protected under intellectual property laws. Nothing in these Terms of Use takes away the rights you have to your User Contributions. But, in order to provide the Services available on the Website and the Applications, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Applications, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a limited license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for the purpose of providing the Website and the Applications and the Services available on them, including to promote our artists’ artwork and our products and services. You also grant us the right to identify you by name and use your name, likeness, or appearance as attribution in such promotions.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the User Contributions posted by others on our Website or Applications without that user’s permission.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SBA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Applications.

8. Monitoring and Enforcement; Termination

The Website and the Applications may be monitored by moderators. Such moderators may view User Contributions, activities performed via the Interactive Services, and posts made by users of the Website or the Applications.

We or our moderators have the right to:

  • Mark User Contributions as spam or inappropriate and/or remove or refuse to post any User Contributions for any or no reason in our or the moderator’s sole discretion.
  • Take any action with respect to any User Contribution that we or the moderator deems necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use (and/or the Content Standards described in these Terms of Use), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the Applications or the public or could create liability for SBA.
  • Ban you from (temporarily or permanently), or terminate or suspend your access to, all or part of the Website or the Applications, for any or no reason in our or the moderator’s sole discretion, including for any violation of these Terms of Use.

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website or the Applications.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Applications. YOU WAIVE AND HOLD HARMLESS SBA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, neither us nor our moderators undertake to monitor all activities occurring on the Website or the Applications or to review all material before it is posted on the Website or the Applications, and cannot ensure prompt removal of objectionable material after it has been posted or termination of offending activities after it has occurred. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided or activities performed by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, unless otherwise containing serious literary, artistic, or political value (as determined by us in our sole discretion), User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy another reasonable person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising for third party products or services, provided, however, you may promote and offer your own artwork or artwork supplies that do not compete with products offered by SBA for sale. Any such User Contributions may be subject to SBA’s review and removal.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Terms of Sale

All prices, discounts, and promotions posted on the Website or the Applications are subject to change without notice. Posted prices do not include taxes. All such taxes will be added to your total before checkout.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PAYPAL and all major credit cards for all purchases. We strive to make payments as easy as possible and we strive to make other payment methods available in the future; please check our payment page for current payment methods. You represent and warrant that (i) the credit card information or other payment method (such as PAYPAL, GooglePay, Apple Pay, AliPay, etc.) information that you supply to us is true, correct and complete, (ii) you are duly authorised to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honoured by your credit card company or other payment system, (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website or the Applications at the time of your order, and (v) if you are a minor, you are authorised by your parent or guardian to use such credit card or other payment method for the purchase.

If you are unsatisfied with a purchase of one of our products, we will accept a return of such products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery.

11. Contracts between You and a Third Party

The Services may include various product and service offerings that allow you to enter into online transactions with third-parties upon additional or different terms and conditions determined by such third-parties. If applicable, you will be provided with these terms and conditions at the time you purchase these third-party products or services. You acknowledge and agree that SBA is not a party or an agent of any transactions conducted with third-parties via the Services. SBA does not set, control, or endorse the price, contract terms, quality, safety conformance, or legality of the products or services advertised or offered for sale by third parties via the Services. As between SBA and you, you take sole responsibility for any claims regarding your participation in any one-on-one sessions you participate in with instructors or any live streams or courses the instructors offer. You further agree and acknowledge that the applicable third-party takes sole responsibility for all products and services provided or made available by them on or through the Website or the Applications. In no event shall SBA be responsible for any liability resulting from or related to such products or services or for your participation or inability to participate in services offered by any third-party through the Website or the Applications.

12. Feedback

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to SBA with respect to the Website, the Applications, and our Services. Proko will have full discretion to determine whether or not to proceed with the development of the requested enhancements, new features or functionality. You hereby grant SBA a royalty-free, fully paid up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback, including without limitation, the right to (itself or through a third party) develop, manufacture, market, sell, import, rent, provide and/or lease products or services which practice or embody the Feedback.

13. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or on or through the Applications infringes your copyright, you may request removal of those materials (or access to them) from the Website and/or the Applications by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or the Applications, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

If You Believe Your User Contributions Have Been Removed In Error as a Result of a DMCA Notice: We are required under the DMCA to promptly notify you when we remove your User Contributions as a result of a DMCA Notice and you have the right to submit a counter-notice requesting that your User Contributions be reposted (a “DMCA Counter-Notice”). We are required to provide all DMCA Counter-Notices to the party submitting the DMCA Notice, along with your contact information. The DMCA Counter-Notice must include the following:

  • Your physical or electronic signature.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Identification of the material removed and its location before it was removed.
  • An explanation of why your User Content does not violate the copyright.
  • Include the following statements in the DMCA Counter-Notice:

“I declare, under penalty of perjury, that I have a good faith belief that the complaint of the copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.”

“I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which SBA, may be found).”

“I agree to accept service of process from the complainant.”

“Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.”

Please be aware that if you knowingly make any false claim in the DMCA Counter-Notice, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

14. Reliance on Information Posted

The information presented on or through the Website and the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Applications, or by anyone who may be informed of any of its contents.

The Website and the Applications includes content provided by third parties, including materials provided by other users. All statements and/or opinions, including upvotes or downvotes, critiques by instructors, critiques by students, reviews, comments on the message boards, and any other statements and/or opinions made by third parties on the Website or the Applications expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SBA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SBA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website or Applications

We may update the content on the Website and the Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the Applications may be out of date at any given time, and we are under no obligation to update such material.

16. Information About You and Your Visits to the Website and Your Use of the Applications

All information we collect on this Website and through the Applications is subject to our Privacy Policy. By using the Website or the Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Members of our affiliate program may also link to our Website in accordance with the terms and conditions of our affiliate program.

The Website or the Applications may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you or that you do not otherwise have permission to post on.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

 

18. Links from the Website or Applications

If the Website or the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Such banner advertisements and sponsored links may be provided by our affiliates. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Geographic Restrictions

The owner of the Website and the Applications is based in the state of California in the United States. While we provide this Website and the Applications for use by persons located in any jurisdiction, we make no claims that the Website, the Applications, or any of their content is accessible or appropriate outside of the United States. Access to the Website or use of the Applications may not be legal by certain persons or in certain countries. If you access the Website or use the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Results Disclaimer

Our Website, Applications, and Services provide you with an opportunity to learn or improve your drawing, painting, and other artistic skills. We try to teach our students these skills using our expertise and experience, and we take teaching seriously. However, everyone learns these skills at a different pace. We may share the successful results of SBA or our users on the Website or the Applications. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your future artistic capabilities or improvement, or any other results of any kind. By accessing the Website or using the Applications you accept, agree, and understand that you are fully responsible for your progress and results from your use of the Website, the Applications, and our Services. We do not guarantee that you will get any results using any of the ideas, tools, strategies or recommendations available on or through the Website or the Applications, and nothing on our Website or Applications is a promise, warranty, or guarantee to you of such results.

21. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or on or through the Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR APPLICATIONS, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE APPLICATIONS, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATIONS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROKO NOR ANY PERSON ASSOCIATED WITH SBA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER PROKO NOR ANYONE ASSOCIATED WITH SBA REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPLICATIONS, THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SBA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation on Liability

IN NO EVENT WILL SBA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE, APPLICATIONS, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPLICATIONS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Indemnification

You agree to defend, indemnify and hold harmless SBA, its affiliates, licensors, instructors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Applications, including, but not limited to, your User Contributions, any use of the Website’s or Applications’ content, services and products other than as expressly authorised in these Terms of Use or your use of any information obtained from the Website or the Applications.

 

24. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Waiver and Severability

No waiver by SBA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SBA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use, our Privacy Policy, our instructor agreement (if applicable), and our Affiliate Marketing Agreement (if applicable), constitute the sole and entire agreement between you and SBA with respect to the Website or the Applications and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or Applications.

27. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in the manner and by the means set forth herein.

All other feedback, comments, requests for technical support and other communications relating to the Website or Applications including any requests for refunds should be directed to: [email protected]

Privacy Policy

1. Introduction

Stephen Bauman Artwork (“SBA” or “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.stephenbaumanartwork.com (the “Website”) and our mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (each, an “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Website and Applications; and
  • in email, text, and other electronic messages between you and our Website and/or Applications.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by SBA or any third-party (including our affiliates);
  • us or any of our affiliates related to your or any other individual’s employment or potential employment with us; or
  • any third party (including our affiliates), including through any application or content (including advertising) that may link to or be accessible from the Website and Applications.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Applications. By accessing or using our Website and Applications, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Website and Applications after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller, Data Protection Officer, and Representative

 

SBA is the data controller of your Personal Data collected on the Website and in the Applications. At this time, SBA is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so.

3. Children Under the Age of 13

Our Website and Applications are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website or Applications. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on our Website or Applications or on or through any of their features/register on the Website or Applications, make any purchases through the Website or Applications, use any of the interactive or public comment features of our Website or Applications or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 13, please contact us at [email protected].

4. Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of our Website and Applications (“Personal Data”):

  • by which you may be personally identified, such as name, address, e-mail address, telephone number, credit card number, date of birth, social media account information, user name, profile picture, website biography, or any other identifier by which you may be contacted online or offline;
  • that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website and Applications, error information, clickstream data, and other communication data and the resources that you access and use on the Website and Applications; and/or
  • about your internet connection, the equipment you use to access our Website and Applications and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Website and Applications; and
  • From third parties.

Information You Provide to Us

The information we collect on or through our Website and Applications are:

  • information that you provide by filling in forms on our Website and Applications. This includes information provided at the time of registering to use our Website and Applications, subscribing to any of our services, subscribing to any services provided by an instructor, or posting User Contributions (see below). We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website and Applications;
  • records and copies of your correspondence (including email addresses), if you contact us;
  • details of transactions you carry out through our Website and Applications and of the fulfilment of your orders, including orders for lessons or learning materials. You may be required to provide financial information before placing an order through our Website and Applications;
  • information you provide while using our interactive services such as our message boards, chat rooms, direct messaging, personal web pages or profiles, forums, bulletin boards, our rating or review system, one-on-one video training, and challenges or competitions between users; and
  • your responses to surveys that we might ask you to complete for research purposes.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Applications or transmitted to other users of the Website and Applications or third parties such as your artwork; albums or portfolios that include your artwork; ratings, critiques, or reviews; blog posts; comments on the message boards, chat rooms, bulletin boards, instant messages, or forums; upvotes or downvotes on posted artwork or comments; instruction videos uploaded by instructors; or any other information that you provide to be published or displayed (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain Website and Applications pages that may contain User Contributions and you may set certain privacy settings for certain information possibly including your User Contributions by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Applications with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorised persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Applications, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, such as:

  • details of your visits to our Website and Applications as described above, including usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies;
  • details of your activities when you use the Website and Applications, such as how much of each video you watch, your progress through lessons, your upvoting and downvoting history, each time you request critiques of your artwork or provide critiques to others, your starting of new topics to forums, the popularity of your comments, etc. We collect this information so we can provide you points and calculate your User Level when that feature becomes available.
  • meta-data contained in images, audio clips, and video clips that you upload and which are processed through our Website and Applications; and
  • information about your computer and internet connection, i.e. your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Applications and to deliver a better and more personalised service by enabling us to:

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Website and Applications according to your individual interests;
  • speed up your searches;
  • recognise you when you return to our Website and Applications and maintain your login state;
  • when available, provide you with “points” for your activity on the Website and Applications.

The automatic data collection technologies that we use include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place cookies on your hard drive with your consent. You may withdraw or change your consent at any time by clicking on the “cookies” link at the bottom of our home page. You may refuse to accept browser cookies or alert you when cookies are being sent by activating the appropriate setting or settings on your browser. However, if you refuse to accept cookies by selecting such a setting you may be unable to access certain parts of our Website and Applications. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website and Applications.
  • Session Cookies. We use session cookies containing encrypted information to allow us to uniquely identify you. Each time you log in to use our services, a session cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These session cookies allow us to uniquely identify you when you are logged in to use our services and to process online data transactions and requests. Session cookies are required to use our services.
  • Web Beacons. Pages of our Website and Applications may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SBA, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website and Applications are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website and Applications. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Some of these third party content providers are listed below along with a link to their privacy policy:

  • YouTube: We may use YouTube to host certain videos. You can find out more about how YouTube, and its parent Google, uses information that they collect when you watch a video hosted on YouTube by visiting https://policies.google.com/privacy.
  • Vimeo: We may use Vimeo to host certain videos. You can find out more about how Vimeo uses information that they collect when you watch a video hosted on Vimeo by hosting https://vimeo.com/privacy.

We also use the following third-party services to help us provide you with our Website and Applications and help us manage, maintain, and improve our Website and Applications and understand our users:

  • Google Analytics and Other Analytics Providers. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website and Applications. Google Analytics uses cookies as described above. You can find out more about how Google uses data when you visit our Website and Applications by visiting “How Google uses information from sites or apps that use our services” (located at www.google.com/policies/privacy/partners).

For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

5. Lawful Basis for Processing Your Personal Data

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

  • Consent. By using our Website or Applications, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Notice. If you do not consent to this Privacy Notice, please do not use the Website. Or Applications;
  • Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between SBA and you; detect and correct bugs and to improve our Website and Applications; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your credit; and develop our product and services (including any new features we develop or provide now or in the future);
  • To Fulfil Our Obligations to You under our Contract. We process your Personal Data in order to fulfil our obligations to you pursuant to our agreement with you to deliver our goods and services to you; and
  • As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

6. Special Categories of Information

SBA does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.

7. Automated Decisions Making

SBA does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

  • to present our Website and Applications and its contents to you;
  • to provide you with information, products, or services (including any free and paid art education services available on or through our Website and Applications) that you request from us;
  • to fulfil any other purpose for which you provide it;
  • to provide you with notices about your account or any classes you register for, including expiration and renewal notices;
  • to carry out our obligations under any agreements we may have with you, for example, to provide you with lessons;
  • to enforce our rights arising from any agreements with have with you, for example, if you violate our Terms of Use, we may use your Personal Data in any dispute;
  • to bill you AND process your payments for the products and services that you purchase from us. If you fail to pay for the products and services you purchase from us, we may use your Personal Data to collect the overdue amounts, including sharing your Personal Data with collection agencies;
  • to notify you about changes to our Website and Applications or any products or services we offer or provide though them;
  • to allow you to participate in interactive features on our Website and Applications;
  • to provide you with feedback on your artwork that you submit to the Website and Applications;
  • to automatically give suggestions, display processed images, and provide feedback on your artwork using our artificial intelligence algorithms;
  • to provide you with certain rewards based on your activity on the Website and Applications;
  • to help train our artificial intelligence algorithms that help you to improve your artwork and your artistic capabilities; and
  • in any other way we may describe when you provide the information.

With your consent, we may also use your information to contact you about our own services that may be of interest to you. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of that email to be omitted from future promotional email distributions or by sending us an email stating your request at [email protected]. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose certain Personal Data that we collect or you provide as described in this Privacy Policy:

  • to our affiliates;
  • to the instructors that offer instruction on our Website and Applications and with whom you contract;
  • to third parties to critique your artwork, such as instructors, approved critiquers, or other students;
  • to other users of the Website and Applications, if you use the interactive features of the Website and Applications;
  • to contractors, service providers, and other third parties we use to support our business.
  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of SBA’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Proko about our Website and Application’s users is among the assets transferred;
  • to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
  • to fulfil the purpose for which you provide it. For example, if you register for a class with an instructor, we may give the instructor your contact information; and
  • for any other purpose disclosed by us when you provide the information.

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SBA, our customers, or others.

In addition, Activity Points and User Levels may be publicly displayed and connected to your activity on the Website and Applications.

10. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of our Website and Applications may then be inaccessible or not function properly.
  • Promotional Offers from SBA. We will only use your contact information to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the signup form or at any other time by logging into the Website or Applications and adjusting your user notification settings by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of that email to be omitted from future email distributions. Note that this opt-out does not apply to communications as a result of product purchase, warranty registration, product service experience, or other transactions.

 

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

  • Access and Update. You can review and change your Personal Data by logging into the Website and Applications and visiting your “Settings” page. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
  • Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  • Portability. To the extent the Personal Data you provide SBA is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  • Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  • Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. If you delete your User Contributions from the Website or Applications, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website or Application users. Proper access and use of information provided on the Website and Applications, including User Contributions, is governed by our terms of use.
  • Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  • How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below or by visiting the “Settings” page of our Website and Applications. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

 

12. Do Not Track Signals

Our Website and Applications may use automated data collection technologies to collect information about your online activities over time and across third-party Website and Applications or other online services (behavioral tracking). Some web browsers or operating systems permit you to broadcast a signal to Website and Applications and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

13. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorised access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and Applications, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website and Applications. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and Applications.

14. Consent to Processing of Personal Data in the United States and in Other Countries

Our Site is operated and managed on servers located and operated throughout the world, including within the United States. By using and accessing our Site, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States and in other countries, and that the protection of such information may be different than required under the laws of your residence or location. Your information may be processed and stored in a country outside of where you reside, including in the United States and those countries’ (including the United States’) federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of that country (including the United States). By using our Website and Applications, you represent that you have read and understood the foregoing and hereby consent to the storage and processing of Personal Data that you provide to us on our Website and Applications in the United States and in other countries.

15. Data Retention Periods

 

SBA will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

16. Changes to Our Privacy Policy

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal data, we will notify you by email to the email address specified in your account or through a notice on one of the Website and Applications’ home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and Applications and this Privacy Policy to check for any changes.

17. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the “Help Center” page on our Website and Applications.

 
[email protected]